116 STAT. 2298 PUBLIC LAW 107-296—NOV. 25, 2002 compensation payable to the Vice President under section 104 of title 3' for 'the annual rate of basic pay payable for level I of the Executive Schedule' in the case of any employee who— "(A) is paid under section 5376 or 5383 of this title or section 332(f), 603, or 604 of title 28; and "(B) holds a position in or under an agency which is described in paragraph (2). "(2) An agency described in this paragraph is any agency which, for purposes of the calendar year involved, has been certified under this subsection as having a performance appraisal system which (as designed and applied) makes meaningful distinctions based on relative performance. "(3)(A) The Office of Personnel Management and the Office of Management and Budget jointly shall promulgate such regulations as may be necessary to carry out this subsection, including the criteria and procedures in accordance with which any determinations under this subsection shall be made. "(B) An agency's certification under this subsection shall be for a period of 2 calendar years, except that such certification may be terminated at any time, for purposes of either or both of those years, upon a finding that the actions of such agency have not remained in conformance with applicable requirements. "(C) Any certification or decertification under this subsection shall be made by the Office of Personnel Management, with the concurrence of the Office of Management and Budget. "(4) Notwithstanding any provision of paragraph (3), any regulations, certifications, or other measures necessary to carry out this subsection with respect to employees within the judicial branch shall be the responsibility of the Director of the Administrative Office of the United States Courts. However, the regulations under this paragraph shall be consistent with those promulgated under paragraph (3).". (b) CONFORMING AMENDMENTS.^ 1) Section 5307(a) of title 5, United States Code, is amended by inserting "or as otherwise provided under subsection (d)," after "under law,". (2) Section 5307(c) of such title is amended by striking "this section," and inserting "this section (subject to subsection (d)),". Subtitle D—Academic Training SEC. 1331. ACADEMIC TRAINING. (a) ACADEMIC DEGREE TRAINING.— Section 4107 of title 5, United States Code, is amended to read as follows:
- § 4107. Academic degree training
"(a) Subject to subsection (b), an agency may select and assign an employee to academic degree training and may pay or reimburse the costs of academic degree training from appropriated or other available funds if such training— "(1) contributes significantly to— "(A) meeting an identified agency training need; "(B) resolving an identified agency staffing problem; or "(C) accomplishing goals in the strategic plan of the agency;
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